Supreme Court of Louisiana, 1990

State v. Collins

Supreme Court of Louisiana · Decided May 18, 1990 · Lemmon

560 So. 2d 836; 1990 La. LEXIS 1216; 1990 WL 64847 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Ex Parte State (Ala. 2005)
Trice v. State (Ala. Crim. App. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Granted. The order revoking relator’s probation is vacated, and the case remanded to the district court for rendition of judgment anew with supporting reasons. Oral reasons transcribed in the record are sufficient. State v. Harris, 368 So.2d 1066 (La. 1979). See also Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972); Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973).

Dissenting Opinion

LEMMON, J.,

dissents. The Morrissey decision requires a written statement by the factfinder where there has been a pa*837role revocation decision before a. board (not necessarily consisting of lawyers or judges) in a quasi judicial tribunal. This is a probation revocation proceeding before a district judge, and a written statement should not be required for review of this judicial exercise of discretion.

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